Construction Law
Construction law isn’t just about disputes, it’s also about avoiding them. From licensing and contract preparation to construction defects, liens, litigation, mediation, and arbitration, Lavy Law & ADR provides guidance throughout the life of a construction project.
Terrence L. Lavy is a Florida Bar Board Certified Specialist in Construction Law and first obtained his certification in 2015.
Terry is a Specialist in Construction Law.
He first obtained his certification in 2015.
- BOARD CERTIFIED IN CONSTRUCTION LAW
Florida Bar Board Certified Specialist
The Florida Bar governs the legal profession and certifies specialists in legal fields, including construction law.
To obtain certification, an attorney must meet stringent requirements. The attorney must focus at least 40% of the practice in construction law, obtain approval from at least 10 attorneys and/or judges who are familiar with the quality of the attorney’s work and fitness for certification, and pass a rigorous full-day examination, including essays, administered by The Florida Bar once a year.
To maintain certification, the attorney must also complete 75 hours of continuing education in construction law every five years.
Being certified by The Florida Bar as a specialist is the only way an attorney may ethically claim to be a specialist in the field.
Avoiding Problems Before They Begin
Construction law isn’t just about disputes, it’s about avoiding them. Generally, people do not go into a project with malicious intent. The preliminary steps are important because they can help avoid disputes in the first place.
For general contractors and trades such as roofers, electricians, and plumbers, that begins with qualification through the Department of Business and Professional Regulation (DBPR), which licenses and regulates the field. Unlicensed contracting comes with severe penalties, so one of the first steps is making sure the business is properly licensed.
Contracts Set the Foundation
Whether it’s a condominium, a mansion, a home built from standard plans, or a remodel, the parties generally enter into contracts with the intention of completing the project on time and on budget.
Contract preparation and review are critical first steps toward achieving those goals. For any party, including subcontractors, having the contract professionally reviewed before signing it is extremely important.
Florida law does not provide for a cancellation period. Even if the contract does not fully and accurately state the project and your role in it, once signed, it will still govern your relationship throughout the project.
When Construction Disputes Arise
Unfortunately, sometimes there is simply no avoiding a dispute. As a construction-law specialist, there are not many types of construction disputes Terry has not dealt with, from the perspective of the owner as well as the professionals involved.
Relationships begin with the contract that sets forth the project. Disputes can arise from a failure in the contract, a failure to carry it out, or some combination of the two. These disputes often take several forms and are frequently interconnected.
Delay in the progress of the job or quality-of-work issues can lead to delayed payment or nonpayment. Determining performance responsibilities among developers, design professionals, contractors, and trades may be only the first step in determining who the appropriate parties to the dispute actually are.
Where defective performance is involved, determining why the construction failed can be as important as knowing that it failed. Retaining appropriate experts and getting them to the site promptly can be critical.
Liens, Hidden Defects & Time Limits
Potential construction issues do not necessarily end when the project is completed. Problems that arise later may involve lien claims and attempts to foreclose them.
There are strict regulations governing liens and their enforcement, making timing and accuracy essential. An inaccurate lien could subject the lienor to a counter-suit for a fraudulent lien and substantial penalties. At most, the time for filing a lien foreclosure is one year after the lien is filed, and it may be shorter. The prevailing party may also be entitled to recover attorneys’ fees.
Hidden defects in construction are sometimes not discovered until years later. Diligence by the owner is essential. Leaks, the most common problem, should be evaluated promptly to determine their cause and the resulting damage.
Records, photographs, and videos should be preserved once a problem is discovered. Terry’s updated material states that there is a four-year statute of limitations on construction litigation, while latent defects are subject to a seven-year statute of repose.
Resolving the Dispute
If there is a dispute, one of the first questions is what the contract says about resolution.
Some contracts include a waiver of the right to a jury trial entirely and require binding arbitration. Others require mediation or nonbinding arbitration before suit, while some contracts are silent on the issue.
If the dispute relates to a construction defect, there are also statutory prerequisites to bringing an action under Florida Statutes Chapter 558.
If you are concerned that a dispute is developing, or if you are already involved in one, Lavy Law & ADR may be able to help.
Based in North Fort Myers, Lavy Law & ADR serves clients throughout Southwest Florida dealing with construction-related legal matters. This includes trial level and appellate cases. Reported cases include construction defect and financing disputes.
See: CTX Mortg. Co. v. Advantage Builders 47 So.3d 844 (Fla. 2nd DCA 2010); and Islander Bldg. Co. v. Klaus, 72 So.3d 314 (Fla. 2nd DCA 2011).
Have a Legal Matter to Discuss?
Lavy Law & ADR provides experienced counsel and dispute-resolution services in construction, litigation, mediation, and arbitration.
Contact the firm to discuss your matter and the available options for moving forward.
Address:
8824 Swell Brooks Court North Fort Myers, FL 33917